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NY R04063





June 19, 2006

CLA-2-18:RR:NC:SP:232 R04063

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.20.6000

Mr. Bob Forbes
R.O.E. Logistics
660 Bridge Street
Montreal, Quebec
Canada H3K 3K9

RE: The tariff classification of a coating (Product number LSH 720) from Singapore

Dear Mr. Forbes:

In your letter dated June 1, 2006, on behalf of Barry Callebaut, you requested a tariff classification ruling.

The subject merchandise is stated to contain 60.30 percent sugar, 26.73 percent palm kernel oil, 7.84 percent cocoa powder, 2.01 percent skim milk powder, 2.01 percent whey powder, 0.50 percent cocoa liquor, 0.51 percent lecithin, and 0.10 percent vanilla. The product is stated to contain 7.23 percent nonfat solids of the cocoa bean nib. The merchandise will be imported in solid form in 850 kilogram tote bags. It will be used as a coating for cakes, pastries, cookies, etc.

The applicable subheading for the coating will be 1806.20.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other preparations in blocks, slabs or bars, weighing more than 2 kg or in liquid, paste powder, granular or other bulk form in containers or immediate packings of a content exceeding 2 kg Confectioners’ coatings and other products (except confectionery) containing by weight not less than 6.8 percent non-fat solids of the cocoa bean nib and not less than 15 percent of vegetable fats other than cocoa butter. The general rate of duty will be 2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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